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apples and oranges

(1,451 posts)
Fri Jun 28, 2013, 11:20 AM Jun 2013

If a good friend of yours was murdered and you were the star witness for the prosecution

Would you include in your testimony interesting but irrelevant details about the profanities and offensive words and phrases your friend used before getting killed? I don't think I would, not to deceive anyone, but I wouldn't want to create a distraction that could get the killer off the hook.

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If a good friend of yours was murdered and you were the star witness for the prosecution (Original Post) apples and oranges Jun 2013 OP
How old is she? nadinbrzezinski Jun 2013 #1
Would this testimony consist of voluntary statements or is it in response to an actual question? Arkansas Granny Jun 2013 #2
Who decides what is 'irrelevant?' elleng Jun 2013 #3
I would answers honestly and truthfully. Johonny Jun 2013 #4
I think janlyn Jun 2013 #5
I feel the same way. yardwork Jun 2013 #10
"No shit lady, I'm gonna shoot you , bitch" SoCalDem Jun 2013 #13
First: I would NEVER perjure myself - if I was asked, I would answer. closeupready Jun 2013 #6
I don't think a couple of swear words HappyMe Jun 2013 #7
Attorneys/police often encourage people to talk at will SoCalDem Jun 2013 #8
Thanks for posting that. yardwork Jun 2013 #11
If a "good friend" of mine was in that situation WestStar Jun 2013 #9
Lots of people don't read or write well. yardwork Jun 2013 #12
I understand all that WestStar Jun 2013 #14
Coded language Generic Other Jun 2013 #15
 

nadinbrzezinski

(154,021 posts)
1. How old is she?
Fri Jun 28, 2013, 11:23 AM
Jun 2013

And my god, if you are going to let the words used in the streets by everyday kids distract from the case.

elleng

(130,768 posts)
3. Who decides what is 'irrelevant?'
Fri Jun 28, 2013, 11:30 AM
Jun 2013

and when?
The whole story/picture is relevant here, imo, and witnesses are not supposed to color their testimony, but provide facts.

Johonny

(20,820 posts)
4. I would answers honestly and truthfully.
Fri Jun 28, 2013, 11:31 AM
Jun 2013

If he used that language then he used that language. Better I say it than the defense use my omission to cloud my testimony as untruthful. If it is irrelevant then why create doubt about something tangent to the murder.

janlyn

(735 posts)
5. I think
Fri Jun 28, 2013, 11:35 AM
Jun 2013

that her honesty about what was said makes her a more believable witness. After all do you really think the jury would buy " There seems to be a white gentleman following me "

I can't guess what the jury thinks of that, but I myself personally thought it made her story believable.

SoCalDem

(103,856 posts)
13. "No shit lady, I'm gonna shoot you , bitch"
Fri Jun 28, 2013, 11:55 AM
Jun 2013

I was a bit flummoxed at having to say that out-loud in court, but that's what he did say to me..

It's funny now

 

closeupready

(29,503 posts)
6. First: I would NEVER perjure myself - if I was asked, I would answer.
Fri Jun 28, 2013, 11:36 AM
Jun 2013

Truthfully.

Second: I wouldn't volunteer damaging information. It's the lawyer's job to discover whatever it is he wants to discover.

And I would try to stick to 'yes' or 'no', unless a more nuanced answer helps my friend.

Just a note that testifying on a witness stand can be VERY complicated, and there are all kinds of professionals who study what 'works' and what 'doesn't,' and why.

HappyMe

(20,277 posts)
7. I don't think a couple of swear words
Fri Jun 28, 2013, 11:37 AM
Jun 2013

are going to help this asshat walk. She's not supposed to edit what he said to her to, to fit the 'sensibilities' of those watching.

Swear words won't help the murderer walk.

SoCalDem

(103,856 posts)
8. Attorneys/police often encourage people to talk at will
Fri Jun 28, 2013, 11:37 AM
Jun 2013

and nervousness and an eagerness to help takes over.

It's human nature to want to help, and especially younger, less sophisticated people often embellish because they want to help.. they do not truly understand that every word they say will be picked apart, and that they will be accused of lying if they deviate even a little bit with their wording of events.

When I was a witness/victim (I was robbed at gunpoint), it was excruciating, and the prosecutor was a wonderful person when it came to prepping me for testimony. I know NOTHING about weapons and he knew that I would be impeached in my description of the gun.. (it was never recovered).

The process took FIFTEEN months from the event and the time the guy went to jail (7-12 years...it was his 5th robbery .. this was pre 3-strikes)..and there were many prep sessions.

Some of what I remember:

He harped relentlessly on L.I.M. (less is more)
YES and NO or I do not recall
Joe Friday-is your-mentor..just the facts..


It was quite an experience. The scariest was the line up.. Those 6 guys could have been brothers, they looked so similar.

The creepiest part was that every time I was on the stand, they read aloud my name & address & there was his whole family sitting in the front row.. They did everything but draw a map to my house.

After 15 months of delays & continuances he finally copped a plea.. Every so often I run across the transcript & we laugh about all the "uhs" & "ums" they typed up

yardwork

(61,539 posts)
11. Thanks for posting that.
Fri Jun 28, 2013, 11:41 AM
Jun 2013

The criminal justice system is hard on victims and witnesses. It's not like a TV drama.

 

WestStar

(202 posts)
9. If a "good friend" of mine was in that situation
Fri Jun 28, 2013, 11:39 AM
Jun 2013

I would have at least called 911 and not assumed that the authorities would track down my phone later.

I also would not have signed a letter that I couldn't read and initially claimed that I had written it myself.

The prosecution should have at minimum called the actual person who did write the letter to the stand to testify as to it's veracity. Otherwise it's just hearsay.

yardwork

(61,539 posts)
12. Lots of people don't read or write well.
Fri Jun 28, 2013, 11:44 AM
Jun 2013

Functional illiteracy is quite common in the U.S. some of that is due to learning disabilities. It's very common for people to ask friends to write letters on their behalf. It doesn't mean anything.

She is a witness and her ability to read or write isn't relevant to her testimony.

 

WestStar

(202 posts)
14. I understand all that
Fri Jun 28, 2013, 12:00 PM
Jun 2013

However this is a court of law. I just think the prosecutor may have made a mistake by not putting the writer of that letter on the stand to swear to it's veracity.

If I'm the defense in closing statements I would argue that her written testimony is suspect.

I'm not blaming her at all, but the prosecutor had to know that she would be asked if she signed it and knew what she was signing. That's where this is going

Generic Other

(28,979 posts)
15. Coded language
Fri Jun 28, 2013, 12:17 PM
Jun 2013

We all speak in codes.

Standard English is the code most of us were taught in school. The older we are, perhaps the better.

Many of us did not speak this language at home. Jeantel apparently spoke a patois language French Creole which in itself is not a standard form.

At school among her Miami peers, I am assuming mainly African American teens, she learned the street slang. This language was probably what passed for standard English for her and her peers. But she especially is influenced because she is forced to look outside the home to learn the language.

I always find it mildly humorous when exchange students come to America and began lacing their writing with American slang they have picked up from friends. They never know when it is appropriate to use such language. They are not adept at switching codes.

Most teens are. They know there is street language and language you use with elderly auntie or grandmother. Church lady language. Workplace language. As opposed to street corner slang. But the street corner code is the one the teens mainly communicate in. Partly to defy adults. Partly these days because they are rejecting standard English.

It is an immense challenge to English teachers to help students understand how to switch codes and when they should do so.

Obviously, I am speaking in my standard English mode here.

I can switch codes fairly easily. I don't write on a resume: "I will be pissed off if I don't get this job, dude." Non-standard English. I write: "I really am excited about the job opportunity, sir."

It is worth remembering that teens struggle with this code switching. So do adults sometimes.

Anyone else on this thread think you switch codes? I have a formal tone for public speaking, friendly informal code, pigeon language for speaking with my mother, slang street talk laced with profanities if I choose, baby talk for babies, mushy talk for lover?

No one would talk baby talk to the boss, right? Bush maybe. He had problems code switching.

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